Santa Barbara County APCD Rule 810 810

- 1 June 20, 2013

RULE 810. FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION (PSD). (Adopted

1/20/2011, amended 6/20/2013

A. Purpose

The federal Prevention of Significant Deterioration program is a construction permitting program for new major stationary sources and major modifications to existing major stationary sources located in areas

classified as attainment or in areas that are unclas sifiable for any criteria air pollutant. Rule 201, Permits Required, contains application requirements and Rule 204, Applications, Rule 205, Standards for Granting Applications, Rule 206, Conditional Approval of Authority to Construct or Permit to Operate , Rule 207, Denial of Applications, and Rule 208, Action on Applications

- Time Limits, contain processing requirements for permit actions. The purpose of this rule is to incorporate the federal Prevention of Significant Deterioration rule requirements in to the District’s Rules and Regulations by incorporating the federal requirements by reference.

B. Applicability

The provisions of this rule shall apply to any source and the owner or operator of any source subject to any requirement under 40 Code of Federal Regulations, Part 52, Section 52.21 (40 CFR 52.21) in effect June 20, 2013 as incorporated into this rule.

C. Incorporation by Reference

Except as provided below, the provisions of Title 40 CFR 52.21 in effect June 20, 2013 are incorporated

h erein by reference and made part of the Rules and Regulations of the Santa Barbara County Air Pollution

Control District.

1. The following subsections of 40 CFR 52.21 are excluded: (a)(1), (b)(55

- 58), (f), (g), (i)(1)(i

- v), (i)(1)(ix

- x), (i)(6

- 8), (p)( 6

- 8), (q), (s), (t), (u), (v), (w), (x), (y), (z), and (cc).

2. The following terms and phrases found in 40 CFR 52.21(b) are revised as follows:

a. The term “administrator” means:

1) “Environmental Protection Agency administrator” in 40 CFR 52.21(b )(17), (b)(37)(i), (b)(43), (b)(48)(ii)(c), (b)(50)(i), (b)(51), (l)(2) and (p)(2); and

2) “Control Officer” elsewhere, as defined in Rule 102, Definitions

.

b. The phrase “paragraph (q) of this section” in 40 CFR 52.21(l)( 2) and (p)(1) shall read as follows: “the public notice and comment provisions of Rule 810 Section E.”

3. The phrase “permit to construct” found in 40 CFR 52.21(p)(1) means “Authority to Construct” as
defined in Rule 102, Definitions.

D. Requirements:

1. The Control Officer shall provide written notice of any permit application for a proposed major stationary source or major modification to the Environmental Protection Agency administrator. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for an Authority to Construct.Santa Barbara County APCD Rule 810 810

- 2 June 20, 2013 2. The Control Officer shall determine whether an application i s complete not later than 30 days after receipt of the application or after such longer time as both the applicant and the Control Officer may agree. If the Control Officer determines that the application is not complete, the applicant

shall be notified i n writing of the decision specifying the information that is required. Upon receipt of any resubmittal of the application, a new 30

- day period to determine completeness shall begin. If the Control Officer determines that the application is still not comp lete, the applicant may appeal that determination to the Board. The Board shall make its written determination within 60 days after receiving the applicant's appeal. If such determination is not made within that

60

- day period, the application with the su bmitted materials shall be deemed complete. Appeals will be assessed a fee based on the cost reimbursement provisions of Rule 210, Fees. Upon determination that the application is complete, the Control Officer shall notify the applicant in writing. The date of receipt of the application shall be the date on which the reviewing authority received all required information.

3. An owner or operator must obtain a federal Prevention of Significant Deterioration permit pursuant to this rule before beginning ac tual construction of a new major stationary source, a major modification, or a plantwide applicability limitation ( PAL) major modification, as defined in 40 CFR 52.21(b).

4. Notwithstanding the provisions of any other District Rule or Regulation, the Co ntrol Officer shall require compliance with this rule prior to issuing a federal Prevention of Significant Deterioration permit as required by Clean Air Act Section 165.

5. The applicant shall pay the applicable fees specified in Rule 210, Fees.

E. P ublic Participation

Prior to issuing a federal Prevention of Significant Deterioration permit pursuant to this rule and within one

year after receipt of a complete application, the Control Officer shall:

1. Make a preliminary determination whether construction should be approved with conditions or disapproved.

2. Make available in at least one location in Santa Barbara County a copy of all materials the applicant submitted, a copy of the preliminary determi nation, a copy of the proposed permit and a copy or summary of other materials, if any, considered in making the preliminary determination.

3. Notify the public, by advertisement in a newspaper of general circulation in Santa Barbara County of the applic ation, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and of the opportunity for written public comment.

4. Send a copy of the notice of public comment to the applicant, United States Environmental Protection Agency Region 9, any persons requesting such notice and any other interested parties such as: Any other State or local air pollution control agencies; the chief executives of the cities in the County; the County Executive Officer; any comprehensive regional land use planning agency; and any State, Federal Land Manager, or Indian Governing body whose lands may be affected by

emissions from the source or modification.

5. Provide opportunity for a public hearing for persons to appea r and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other appropriate considerations, if in the Control Officer’s judgment such a hearing

is warranted.Santa Barbara County APCD Rule 810 810

- 3 June 20, 2013 6. Consider all wr itten comments that were submitted within 30 days after the notice of public comment is published and all comments received at any public hearing(s) in making a final decision on the approvability of the application and make all comments available for publ ic inspection in the same locations where the District made available preconstruction information relating to the proposed source or modification.

7. Make a final determination whether construction should be approved with conditions or disapproved.

8. Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the District made available preconstruction information and public comments relating to the source.